Bhavsar (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for a Retail Manager. The primary applicant sought review of a decision concerning their eligibility, with secondary applicants applying as members of the family unit. The case was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the requirements of regulation 187.223 of the Migration Regulations, specifically concerning the nomination of the position. This regulation requires, among other things, that the nominated position be located in regional Australia, that the nominating person be the prospective employer, that the nomination has been approved and not withdrawn, that there is no adverse information known to Immigration about the nominator or associated persons (or such information can be disregarded), that the position remains available, and that the visa application was made within six months of the nomination's approval.

The Tribunal noted that the nomination application had initially been refused by the Department on 2 September 2019, but was subsequently approved by the Tribunal on 19 June 2023. Applying the criteria of clause 187.223, the Tribunal found that the position was the subject of an approved nomination and met the specified requirements. Consequently, the Tribunal also found that the secondary applicants met the criteria under regulation 187.312, as they were included in the approved nomination.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the visa applications to the Minister for reconsideration of the remaining eligibility criteria. The Tribunal directed that the primary applicant met the criteria under cl 187.223 and the secondary applicants met the criteria under cl 187.312.